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2046 ORDINANCE NO. 2046 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ESTABLISHING A RECREATION FACILITIES IMPACT FEE; PROVIDING FOR DEFINITION; PROVIDING FOR RATES; PROVIDING FOR THE T~CE OF PAYMENT; PROVIDING FOR THE USE OF PROCEEDS; PROVIDING FOR THE ESTABLISHMENT OF A TRUST FUND FOR MONIES COLLECTED; PROVIDING THAT ALl. ORDINANCES OR PARTS OF ORDINANCES AND AT.I. RESOLUTIONS OR PARTS OF RESOLU':'IDNS IN CONFLICT THEREWITH BE REPEALED TO TIiE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVER.~ASII ITY IN THE EVENT OF PARTIAL IhrVALIDITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the present recreation facilities for the City of Sanford, FlOrida, are operating at full capacity and are presently providing adequate recreation services to the City of Sanford, and WHEREAS, there have been increasing demands on the City for issuance of bufid/ng permits for increased construction for residentia] premises, to serve the increasin~ number of people using the recreation facfi~ties of the City, none of such increase constituting additional services to presently existing residents cf the City, and WI-IEREAS, the City COmmisS/,on Of the City of Sanford, Florida, has determined that the increasing demand by new development and new residents on various City services vdthin the City limits will require' greatly increased capital investment for the expansion of the City service system, and WHEREAS, the City Commission finds that it is necessary to provide additional recreation facilities that shall be required by the continuing grow-~h and development of construction activities within the City, these facilities being in the nature of capital improvements to the City's recreation facilities such as land, buildings and equipment, and WHEREAS, the City Commission has legal authority to enact impact fees in order to allocate the cost of such cap.'.'tal investments among future residential users of the service systems, so long as revenues from impact fees are segregated in a separate account and used only for the expansion of said system, and WHEREAS, the City Commission desires to establish an equitable way for making these capital improvements to meet the demands of new residential ~onsrruction and for providing that the money collected for these. capital improvements will be used for no other purposes, and WHEREAS, the City Commission finds that it is equitable for the new residential construction creating the increased demand for recreation facilities to contribute directly to their funding rather than placing such increased burden on the presently existing City residents, and ' WHEREAS, the City's administrative staff has conducted the following studies, Recreation and Open Space Report, City of Sanford, Florida, Ivey, Bennett, Harris & Walls, Inc., November 30, 1988. Background SummarV Report, Parks & Recreation Facilities Impact Fee for the CitV of Sanford, Florida, Ivey, Bennett, Harris & Walls, Inc., December, 1988. "Adjusted Recreation Impact Fee Proposal, City of Sanford, Florida," City of Sanford Department of Engineering and Planning, May 24, 1989, copies of which are attached hereto and incorporated by reference and made a part hereof, to determine the proper amount for a recreation facilities fee based upon projected construction and capital needs to serve such new residential construction; and have provided the City Commission with the basis of allocation of such capital costs to impact fees which the Commission has determined w~ll be fair and equitable to both the present customers of the City service system and future customers thereof, and WHEREAS, the City feels that it is imperative that impact fees be initiated immediately so as to assess against new residential construction, which is creating the increased demand for recreation services, its fair share in impact fees necessary to finance new improvements. NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA: ARTICLE I. SECTION 1. LEVY AND PURPOSE. For the purpose of helping to defray the cost of new or expanded recreation facilities and equipment attributable to new residential construction within the City limits, impact fees are hereby levied on new residential construction within the City limits in accordance with the provisions of Section 5. Payment of Fees and other provisions of this ordinance. SECTION 2. DEFINITIONS. 2 Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth in the City of Sanford Land Development Code. A. Residential - Includes one-family dwellings, two- family dwellings, mobile homes, mu.~tiple fam~y dwelling units, accessory dwelling units, accessory residential structures. Residential care facilities, nursing homes and boarding houses are also included as residential whereby every five (5) residents, based on facility capacity, shall be equivalent to (1) dwelling unit for the purpose of calculating impact fees as set forth in this ordinance. B. Nonresidential - No recreation impact fees will be levied against nonresidential uses. C. Administrative Official - As such term is defined in the City of Sanford Land Development Regulations. SECTION 3.APPLICABILITY. This Article shah apply to all new construction within the City limits except the following: A. Expansion of a residential dwelling unit not creating another dwelling unit; B. Remodeling or rebuilding of any structure; C. Construction under any building permit originally issued during the year preceding the effective date of this Article. D. Temporary activities and uses including, but not limited to temporary construction and temporary housing. SECTION 4. DETERMINATION OF FEE AMOUNTS. Impact fees shall be determined and reviewed at least every other year in accordance with a detailed analysis of projected residential construction within the City limits, the cost of any expanded or new capital facilities and equipment for recreation facilities generated by such residential construction and the money otherwise available to meet such costs. The City Commission may annually adjust the established impact fee rate to reflect the changes in the cost of relevant capital facilities and equipment. All changes or adjuslment in the established impact fee rates shall be made by ordinance and shah apply only to residential construction for which building permits are issued after the effective date of such ordinance. SECTION 5. PAYMENT OF FEES A. TIME OF PAYMENT. The recreation facilities fee is to be paid prior to or in conjunction with the issuance of a building permit. The definition of building permit is as set forth in the City of Sanford Land Development Regulations. B. METHOD OF PAYMENT. Impact fees shall be paid in cash unless the City Commission specifically accepts an in-kind contribution of land or capital facilities for public use. Credit for any in-kind contribution shall be on a fair market value basis as of the date the City Commission accepts the offer of such contribution. The fair market value of any land accepted as an in- kind contribution shall be based upon an appraisal of its highest and best use then allowed under its current land use designation. Such appraisal shall be paid for by the donor. C. AMOUNT OF FEE. The recreation facilities fee to be paid prior to or in conjunction with the issuance of a building permit shall be levied based upon the followin~ formula and in the following amounts: COST PER RESIDENTIAL DWRr.T,ING UNIT = $279.61 FORMULA ATPV + OCA = TSV TSV GV = SC SC · TDU = CPDU WHERE: ATPV = Adjusted Total P~rks Value OCA: Other Capital Assets TSV = Total System Value GV = Grant Value SC = Sanford's Contribution to System TDU = Total Number of Dwelling Un/ts CPDU = Cost Per Dwelling Unit SECTION 6. CREDIT AGAINST P,,':RT OF RECREATION IMPACT FEE. The City Commission may give credit for part of the recreation services impact fee on a project if it determines that a developmerit can demonstrate thai it will substantially reduce the project's impact upon the City's capital needs for expansion of recreation services. The amount credited under this section shall be determined by the City Commission. SECTION 7. CAPITAL EXPANSION TRUST FUND. A. CREATED: The following capital expansion trust fund is hereby created: Recreation Capital Expansion Trust Fund B. DEPOSIT OF FEES: All impact fees collected by the City shall be separately accounted for and shall be deposited only in the capital expansion trust fund for which they were collected. C. USE OF FUNDS: Amounts in each capital expansion trust fund shall be used only for the purpose contained in the title of such fund and for no other purpose. Expenditures from each shall be specifically approved by the City Commission and shall be limited to the expansion or acquisition of capital facilities or equipment made necessary by the new residential construction from which the fees were collected or for principal payments (including sinking fund payments) on bonds to expand or acquire such facilities or equipment. Before authorizing an expenditure from any one of these trust funds, the City Commission shall determine that: (1) Such expenditure is for capital facilities or equipment to be used for the purpose contained in the title of the trust fund from which the expenditure is to be'made; (2) Such expenditure is made necessary by the new residential construction from which such funds were collected; and (3) Such expenditure will result in a benefit to the new residential construction from which said funds were collected. SECTION 8. CAPITAL EXPANSION PLANS The City's Recreation and Parks Department, which is to receive funds collected pursuant to this impact fee ordinance, shall prepare and maintain a capital expansion plan for its individual funds which shall be for a period of no less than one year. The Recreation and Parks Department's plan shall be reviewed and approved by the City Commission at least annually during the budget review process. SECTION 9. REFUNDS. Refunds of recreation facilities fees paid hereunder may be allowed upon application therefor, when it is determined that no construction has occurred and the building permit issued for such construction has expired or otherwise been cancelled. SECTION 10. PENALTY. Violations of this ordinance shall constitute a misdemeanor of the second degree. Notwithstanding the criminal penalty provided for herein, the City may obtain an injunction or other legal or equitable relief in the circuit court against any person violating this ordinance. ARTICLE II. SECTION 1. REPEAL All ordinances, resolutions or parts thereof in conflict with this ordinance are repealed to the extent of such conflict. SECTION 2. APPEAL Any person aggrieved by any portion of this ordinance shall appeal directly to the City Commission. To file an appeal, an individual must file an application with the Administrative Official and submit such information and documentation with said application as may be required by the Administrative Official. The Administrative Official shall make a determination as to the sufficiency of the application. An application for appeal must be filed with the Administrative Official within thirty (30) days of any action taken by the City for which a person is aggrieved. SECTION 3. ADMINISTRATIVE DECISIONS The Administrative Official shall be responsible for ali determinations, interpretations and administrative decisions regarding this Ordinance. ARTICLE III. SEVERABILITY. If any section, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding of invalidtry shall not affect the remaining portions of this ordinance, and it shall be construed to have been the intent of the City Commission to adopt this ordinance without such unconstitutional, invalid, or inoperative part therein, and the remainder of this ordinance after exclusion of such part or parts, shall be deemed and held to be valid as if such part or parts had not been included herein. If this ordinance or any provision thereof shall be held to be inapplicable to any person, groups of persons, property, kind of property, circumstances, or set of circumstances, such holdings shall not affect 6 its applicability to any other person, property or circumstance. ARTICLE IV. EFFECTIVE DATE. This ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this 24th day of JULY , 1989. ATTEST: S~FOED, ~ORIDA. CERTIFICATE I, Janet R. Donahoe, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 2046, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 24th day of July, 1989, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 25th day of July, 1989. In witness whereof, I have hereunto set my hand and the official seal of the City of Sanford, Florida, this 24th day of July, 1989. City of Sanford, Florida.